Category Archives: Justice

What is true justice? Part Two: Egalitarian Justice

In part one of this three-part series, we looked briefly at retributive and meritorious justice. In part two, we will consider the increasingly contested notion of egalitarian justice.

Egalitarian Justice

Before looking directly at the idea of egalitarian justice, the meaning of the word “equality” must be further elucidated since its very definition has become one of the great controversies of our time.

Traditionally, equality primarily referred to the notion that all are (or at least should be) “equal under the law.” This phrase is inscribed on the front of the U.S. Supreme Court Building in Washington, D.C. Thus, laws should be applied fairly from the top to the bottom of society, for the rich and the poor, the young and the old, the male and the female, the black and the white, and everyone in between. The statue of Lady Justice holding a scale while wearing a blindfold depicts this kind of egalitarian ideal. To fulfill her responsibilities justly, she must not allow race, nationality, social status, or material wealth (for example) to bias her application of justice to anyone or any group.

More recently, a second aspect of egalitarian justice has come to the fore of social concern, namely the question of equal opportunity. Equal opportunity helps ensure that the playing field of life is as level as possible. There’s no doubt this is a valid and important aspect of promoting justice and equality in society, but for many today, any unequal outcomes in society constitute incontestable evidence of social injustice and inequality. As racism guru Ibram X. Kendi declared, “When I see racial disparities, I see racism.” The assumption here is that if one (racial) group of people end up better educated, richer, and more powerful than others, there must have been some (racially systemic) unjust advantages and inequalities both at the outset of and throughout their lives producing those unequal outcomes.

The problem with thinking this way is that this (wrongly) assumes all human beings are equally situated, motivated, and talented from the very beginning of life. However, for whatever reasons, God has created everyone unique. Some are better athletes, some are better thinkers, some are better artists, engineers, teachers, singers, musicians, craftsmen, salespersons, etc. Thus, if inequity equals (racial) injustice, then God is unjust because we are not all created equal in terms of our backgrounds, intelligence, capacities, talents, abilities, socio-economic location, etc.

On the contrary, this is not evidence of racism or sin but evidence of uniqueness. And since every human being is made in God’s image, every human being is of eternal worth to God. But that does not mean we are exactly the same. Just as there is distinctness and yet equality within the Godhead, so there is distinctness and equality within the human race. Consequently, different outcomes don’t necessarily mean there is systemic injustice or racial inequality.

Justice in this light does not seek equal outcomes so much as it tries to create systems that are genuinely fair and do not give undue advantages to others. The idea is to level the playing field of life by somehow empowering those who clearly start at a disadvantage, enabling them to better succeed alongside others who begin life and certain endeavors (like education, for example) with greater advantages.

Unfortunately, what these systems should look like and how they can be maintained are very difficult questions to answer. In theory, at least, they are possible to create, implement, and maintain, even when, because of different talents, abilities, motivations, etc., social stratification inevitably occurs over time. Such stratification is not, as it stands, invariably or inherently evil, although in the light of human selfishness and sin, it very often does become a means to express injustice, especially against the weak and marginalized. In short, people with roughly equal abilities and starting points often end up in very different socioeconomic situations.

To be sure, this certainly is sometimes the fault of unjust social structures and systems that wrongly discriminate against others on some sort of illegitimate basis like race or gender. This might manifest itself as a lack of equality under the law and/or inappropriate discriminatory social and cultural attitudes and traditions. But it is also sometimes the result of several other factors like (to name a few) difficult family life, personality, bad luck, laziness, ignorance, trauma, lack of motivation, or even such things like the voluntary decision to live a life of simplicity and poverty.

Too often, as economist Thomas Sowell points out, too few (or even the wrong) factors and not enough concrete nuances are considered when egalitarian concerns are brought to bear on specific real-life situations. For example, the goals of programs like “affirmative action” are clearly directed at rectifying inequities in educational opportunities for certain minorities. The idea is to make it possible for those who started out behind others to make up lost ground.

This is noble and good. But determining exactly who starts out disadvantaged, why, and to what extent, becomes exceptionally difficult to determine without discerning the very specific situations of individuals and groups on a case-by-case basis. It is far easier and more efficient to create clearly delineated groups and classes of people to be the recipients of these leveling programs, especially when large organizations and entities like governments and corporations are involved. You can simply draw a racial and/or economic line and set a standard amount of aid to be given without dealing with the concrete nuances and root issues of people’s lives on the ground.

Admittedly, heroic efforts have been made to create fair and more specific means for deciding these matters, but the greater the distance between the disseminators of these benefits and the recipients, the more likely bureaucratic waste and corruption will arise. But again, on an even more basic level, the assumption that in a properly structured and justly administrated society, all people from every subgroup will have similar life outcomes is fundamentally flawed.

Thomas Sowell says it well in The Quest for Cosmic Justice: “A society that puts equality [at the fore]—in the sense of equality of outcome—will end up with neither equality nor freedom. The use of force to achieve equality will destroy freedom, and the force, introduced for good purposes, will end up in the hands of people who use it to promote their own interests.” In short, the quest for equality without recognition of other crucially important factors of justice will result in an unjust society where coercion is used to bring about equal distribution instead of finding a balance between different and equally valid and important forms of justice. As a result, one vision of egalitarian justice (equal outcomes for all) gets set in opposition to other forms like meritorious justice. The inevitable (and deeply ironic) result is injustice in the name of a justice. In the last century, places like Cuba, Nicaragua, China, and Russia (to name a few) give ample evidence off the murderous and tragic results of this kind of forced execution of “egalitarian justice” in an attempt to bring about the (not so) “great society.”

The essential confusion here is assuming that equality equals sameness and equal outcomes when in fact God does not advocate sameness as the goal of life. He advocates harmonious integration, interdependence, and mutual appreciation, something that assumes the presence of unique and interwoven parts, but also requires difference as inherent to the very fabric of existence. Romans 15:1-3, 5-7 puts the vision this way: “We who are strong have an obligation to bear with the failings of the weak, and not to please ourselves. Let each of us please his neighbor for his good, to build him up. For Christ did not please himself, but as it is written, ‘The reproaches of those who reproached you fell on me.’ May the God of endurance and encouragement grant you to live in such harmony with one another, in accord with Christ Jesus, that together you may with one voice glorify the God and Father of our Lord Jesus Christ. Therefore welcome one another as Christ has welcomed you, for the glory of God.”

To say, however, that all people must be treated equally under the law is very different from saying all people must have the same endowments, possessions, talents, skills, and capacities and in order to achieve the same basic life outcomes. In addition, what you don’t want to end up doing is punishing people for being exceptional and using their gifts and abilities to excel. Yes, they can use those talents and abilities for selfish ends, but they can also use them for the greater benefit of all. The issue is not so much with exceptionalism as it is with how that exceptionalism is used in reference to others. Do I use my gifts, talents, and resources to care for and empower others or do I use them to enrich my own life to the exclusion, detriment, and diminishment of others?

Much more could be said here, but I have said little about the issues surrounding fair distribution of goods and services (a matter of equitable and egalitarian justice) versus fair distribution of overall resources within a society. This aspect, often called “need” justice, pertains to those in society who, for various reasons, find themselves in dire circumstances and need immediate (and often ongoing) assistance to live and survive. It is to this expression of justice we will now turn our attention in the third and concluding part in this series on true justice.

What is true justice? Part One: Retributive and Meritorious Justice

Vice President Kamala Harris recently said “justice” means that everyone gets an equal share of goods and services.  If there are any inequities, those inequities must be rectified using a fair method of redistribution.  Is this true justice or not?  What does justice look like, and how does the Bible help us in understanding, defining, and applying it?

A large part of the problem is that few people today (Christians included) have a clear picture of what justice actually is and involves.  As Thomas Sowell reminds us in The Quest for Cosmic Justice, “We are only talking in a circle when we say we advocate justice, unless we specify what conception of justice we have in mind.”  And in reaction to some aspects of the social justice movement, there are even those who claim, “Justice needs no modifier.”  There is only justice or injustice.  Types of justice (like “social” justice, for instance) are really deceptive distractions from the pursuit of “justice” in general.

In contrast to this latter claim, there are several types of justice, and these types pertain to the appropriate application of justice in concrete life settings.  Thus, while not a comprehensive list, we can speak of things like “retributive justice,” “meritorious justice,” “egalitarian justice,” and “need justice.”  Presumably, Kamala Harris (whether she realizes it or not) is referring to the third and fourth aspects of justice, whereas most opponents of her view seek to promote features primarily related to meritorious justice.  What, then, are these types of justice, where are they exhibited in Scripture, and how and when should each type be applied?

In this three-part series we will briefly examine all four types of justice, beginning with “retributive” and “meritorious” justice.

Retributive Justice

Retributive justice pertains to the system of justice that seeks to fairly “repay” or punish those found guilty of wrongdoing.  A biblical passage that illustrates this idea of justice from God’s perspective comes from 2 Thessalonians 1:7-9: “The Lord Jesus [will be] revealed from heaven with his mighty angels in flaming fire, inflicting vengeance on those who do not know God and on those who do not obey the gospel of our Lord Jesus.  They will suffer the punishment of eternal destruction, away from the presence of the Lord and from the glory of his might.”

In general, as Romans 13:1-7 suggests, besides God, governments and other properly constituted officials (versus individuals and vigilante groups) are the ones best suited to carrying out this kind of justice.  In addition, there are other aspects to the retributive justice system like encouraging reformation and rehabilitation of the criminal.  But despite their great importance, we will not explore these facets here.

The main biblical principle to be applied in retributive justice is found in passages like Leviticus 24:17-22: “Whoever takes a human life shall surely be put to death.  Whoever takes an animal’s life shall make it good, life for life.  If anyone injures his neighbor, as he has done it shall be done to him, fracture for fracture, eye for eye, tooth for tooth; whatever injury he has given a person shall be given to him. . . .  You shall have the same rule for the sojourner and for the native, for I am the LORD your God.”

Typically, people speak about this kind of justice as “an eye for an eye” justice.  And it’s significant that there should be no difference in the application of this justice between the Israelite and the foreigner (verse 22).  This is a good example of what is often called “egalitarian” justice, which we will explore more in part two of this series.

What many people fail to appreciate is that the essence of this principle is “punishment fit for the crime.”  That is to say, the kind of punishment should not exceed the nature of the offense committed.  It should be fair and commensurate.

Because this principle is easily misunderstood and misapplied, Jesus highlights it in Matthew 5:38-39 when He says, “You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’  But I say to you, do not resist the one who is evil.  But if anyone slaps you on the right cheek, turn to him the other also.”  While many pacifists take this to mean that all retributive justice has been abolished by Jesus, it is probably better to see this as a warning against individuals and groups who are not properly authorized to execute this kind of justice by taking the law into their own hands.  As I noted above in Romans 13:1-7, properly constituted government authorities are accredited to carry out this kind of justice: “[The governing authority] does not bear the sword in vain.  For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer” (verse 4).  Self-motivated and effected “vigilante justice,” on the other hand, is an oxymoron and not God’s intention for fulfilling true retributive justice.

These are controversial matters and much more that could be said, but let’s move on to consider at another aspect of justice that has become increasingly contested in the contemporary context, namely meritorious justice.

Meritorious Justice

Meritorious justice is the kind of justice that fairly rewards those who perform well and fulfill expectations.  It also includes accolades and benefits for those who are exceptional and use their gifts for the benefit of others.  Finally, it includes praise and appreciation for those who go above and beyond what is required and expected of them.  Scripturally-speaking, this kind of justice is evinced in passages like Matthew 25:21 where the servants who have been faithful stewards of the master’s money are accordingly praised and rewarded.

The majority of educational systems are largely grounded in this system of justice where students who meet certain standards and perform well academically receive certain rewards, including good grades, a diploma, certificates of commendation, scholarships, etc.  In short, both hard work and well-utilized ability deserve praise and affirmation, and it would be unjust to punish or discourage people simply because they are smart and hard-working.

Like all forms of justice, this type of justice is subject to abuses and showing favoritism where it is not deserved, but if so, it is no longer a form of justice but has become a form of injustice.

In recent years, the idea of merit and reward in institutions like schools has come increasingly under fire for being inherently biased and unfairly titled toward certain races and places.  In some places and situations this may well be a problem, but injustice here is not inherently grounded in the idea of giving fair merit and recognition to those who deserve it.  Rather, injustice lies in giving unfair advantages and accolades to those who don’t.

What complicates matters is when structures and systems develop (whether unconsciously or intentionally) that give unfair advantages to some while simultaneously disadvantaging others.  In addition, and perhaps even more significantly, tensions arise when we are confronted with the fact that while all people as divine image-bearers are equally important and deserve equal treatment under the law (egalitarian justice), people are not equally gifted and, for various reasons, do not always utilize or develop their talents in equal ways.

This highlights that in the midst of applying meritorious justice, other forms of justice must also operate, including what is often referred to as “egalitarian” justice.  It is to this type of justice we turn our attention in part two of this series on true justice.